No. 22-5586

Lori Ann Robles v. United States

Lower Court: Fifth Circuit
Docketed: 2022-09-15
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: criminal-procedure discretionary-review mandatory-guidelines rita-v-united-states sentencing velson-v-united-states
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2022-10-07
Question Presented (AI Summary)

Correct application of presumption of reasonableness of sentences within Guideline range

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW 1. Whether the decision of the United States Court of Appeals for the Fifth Circuit affirming Petitioner’s sentence of 360 months, based on an important federal question involving the issue of the correct application of the presumption of reasonableness of sentences within the Guideline range, conflicts with the decision of Rita v. United States, 551 U.S. 338 (2007), and, therefore, a compelling reason is presented in support of discretionary review by this Honorable Court. 2. Whether the decision of the District Court in sentencing Petitioner to 360 months, which was in the middle of the Guidelines sentencing range, was an application of the Guidelines as mandatory, which conflicts with the decision of Velson v. United States, 555 U.S. 350, 352 (2009) and, therefore, a compelling reason is presented in support of discretionary review by the Honorable Court. 1

Docket Entries

2022-10-11
Petition DENIED.
2022-09-22
DISTRIBUTED for Conference of 10/7/2022.
2022-09-19
Waiver of right of respondent United States to respond filed.
2022-09-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 17, 2022)

Attorneys

Lori Ann Robles
James Scott SullivanLaw Offices of J. Scott Sullivan, Petitioner
James Scott SullivanLaw Offices of J. Scott Sullivan, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent